The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-18

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the Indictment on January 8, 1856.
The said defendant was then asked
II he had any legal cause to show Why
judgment should not be pronounced
against HIM, 10 which he replied that
ne had none; and no sufficient cause
oelng shown or appearing to the Court,
thereupon the Court renders its judg-
ment, that whereas said Lorenzo Snow
having been duly convicted in this
Court of the crime of unlawful cohabi-
tati0n:
1T is ordered, adjudged, and de-
creed, that said Lorenzo Snow be i'm
prisoned in the penitentiary of The
Territory of Utah for a period of six
IN nths, and that he do forfeit and pay
to the United States a fine of three
hundred dollars and the costs of this
prosecution, and that he do stand COM
united into the custody of the q, S.
marshal OF said Territory until such
fiue aud costs be paid infull. CAS- to
Indictment No, AL
And it is further ordered. adiudced.
aud. decreed, that at the expiration of
the SeuteBce andjQdgment rendered on
.said.indictment No TAI, said Lorenzo
Stow he imprisoned in the peniten-
tiary Of Titan Territory for a period of
SIX months, and that he do forfeit and
| pay to the United States the sum of
three hundred dollars and the costs CT
this prosecution, aud that he do stand
committed into Lac custody of the u.
S. marshal fOfs said Territory until
tsuch fine and costs be paid in full. las
10 ind, ctme1t No, 742 } "A. =
"ACd it is further ordered, adjudged
anu Gtcreed, that at the expiration of
the sentence and judgment as last
above rendered, CD said Indictment No.
742, said Lorenzo Snow be Imprisoned
IN the peDi.entiaTy of Utah Territory
for a period df SIX months, aud that he
,6o forfeit and pay to the United States
the sum OF three hundred dollars and
the costs OF this. prosecution, and that
he do stand committed into the custody
OF The U. S. marshal for said Territory
until such fine and costs be paid in
full. CAS- o indictment No 743
The said defendant, Lorenzo Snow,
us remanded into the custody of the
United States marshal for Utah Terri
tory, to be by him delivered into the
custody of the warden or other proper
officer in charge of said penitentiary !;
aud said warden or other proper Off
Ger OF said penitentlary is hereby COM
manded to receive of and from the
said United States marshal, him, the
said Lorenzo Snow, convicted and
sentenced as aforesaid, and him, the
said Lorenzo Snow, keep and imprison
in said penitentiary for the periods as
in this judgment ordered and specified.
ORLANDO w. POWERS, Judge.
Z On the 22nd of October, 1886, the de
PENDANT filed in the District Court of
the Third Judicial District of the Ter
ritory of Utah petition setting forth
that he is prisoner confined in the
peDitentiary of the Territory of Utah,
"by virtue of the warrant, Judgment
and proceedings of record, including
three indictments against your petit
toner, his ayaignnIt ut thereon, and
pleas thereto, respectively, as well as
demurrerS to such pleas, decisions
thereof and verdicts of the Jury, being
the record of said matters in the Dis
trict Court of the. First Judicial Dis
trict of the Territory of Utah. copies
of all which papers, sixteen in nnmb Der,
were annexed to the petition; that,
under said judgment, and in execution
thereof, he had been imprisoned in
said penitentiary fer more than six
months, to wit, continuously since the
18th day OF March, 1886, and had paid
$500 in satisfaction of the fine ad
judged against him, and sail the costs
awarded and assessed against him on
Said prosecution !" that his imprison
ment is illegal in that 1.-THE Court had
no jurisdiction to pass jndgmenT'
against him upon more than one of
the indictments or records referred to
in its said judgment, for tie reason
that the offence therein set out is the
same as that contained and set out in
each OF the other said indictments and
recol DIS, and the maximum punish
ment which the Court had authority to
impO se.Was six months Imprisonment
and a zoe of three hundred dollars"
and THAT by 'his said imprisonment
your petitioner is being punished twice
for one and the same offence" The
prayer is for writ of hGbeGS corpus, to
the end that the petitioner may be dis
charged from custody.
On hearing on the petition the fol-
Lowing order was made 10y the Court,
on the sd of October, 1856:
"Tbe petition of Lorenzo Snow for a
writ of k0beGs corpus having been pre-
scented to the Court, with the exhibits
attached as part thereof, and the
Court having fully considered the ap
pliCatiOn ard petition anu the exhibits
attached, finds that the facts alleged
and shown by the petition and exhibits
are in sufficient to authorize the issu-
ance of the writ; and the Court being
of the opinion, from the allegations and
facts stated in the petition aid exhib-
its, that, if the writ be granted and
hearing given, the petitioner could not
be discharged from custody, it is or
dered and aGiudged by the Court that
the said application for writ of
hUbeds cOTpuS be, and the same is here
by refused; to which ruling and refu-
sal applicant, by his counsel, excepts."
From this order and judgment the.
petitioner has appealed to this Court.
There can be no doubt that the &C
ton of the District Court, as set forth
in its order aud judgment refusing to
issue the writ, was, so far as an appeal
is concerned, equivalent to refusal to
discharge the petitioner on hearing on
the return to a writ; and that, under
1909 of the Revised Statutes, an ap-
peal lies to this Court from that order
and Judgment.
1t is cOnt3nded for the United States,
that, as the Court which tried the in
dictments had jurisdiction over the
offences charged in them, il had juris-
diction to determine the questions
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